Arun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60516 of 2017 Arising Out of PS. Case No.-265 Year-2014 Thana- GOGRI District- Khagaria ====================================================== Arun Yadav, son of Ajay Yadav, resident of Village- Goraiya Bathan, P.S. Gogari, District- Khagaria.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Bishweshwar Ram For the Opposite Party/s :

Mr. SMT. SUCHETA YADAV ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected thrice vide order dated 26.04.2016, 26.10.2016 and 19.07.2017 passed in Cr. Misc. No. 10208 of 2016, 44340 of 2016 and 28188 of 2017 respectively, on the ground that the petitioner is in custody since 21.01.2016, co-accused Ajay Yadav has been allowed bail by the learned court below itself and the trial has not been concluded within four months as granted by this Court and as such the petitioner deserves sympathetic consideration.

Learned APP opposes the prayer of bail by submitting that the petitioner shot and further he has got criminal antecedent but fairly submits that the trial has not been concluded. In the facts and circumstances stated above, considering

Patna High Court Cr.Misc. No.60516 of 2017(2) dt.13-12-2017 2/2 the period of detention and further the trial has not been concluded as yet, the petitioner above named is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge III, Khagaria in Sessions Case No. 343 of 2016 arising out of Gogari P. S. Case No. 265 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T